NOTICE: THIS DOCUMENT CONTAINS THE PROVISIONS OF Columbia Industries'S (herein COLUMBIA) PRODUCT WARRANTY AND ALSO SETS FORTH THE TERMS APPLICABLE TO THIS SALE AND THE LIMITS OF OUR LIABILITY TO YOU.
WARRANTY
Columbia warrants directly to you, the original purchaser only that all new equipment manufactured by us is free from defects in material and workmanship under normal use and service. However, this Warranty is valid only if you have followed and performed the prescribed inspection and service requirements as set forth in Columbia's New Equipment Maintenance Manual. Your remedy under this Warranty is limited to Columbia making good at our factory any part or parts, thereof, which shall be returned to us with transportation charges prepaid, and which our examination shall disclose to our satisfaction to have been defective, providing that such part or parts shall be so returned to us not later than twelve (12) months after delivery of such equipment to the original purchaser. If said equipment is a trailer, it shall not have been operated in excess of fifty thousand (50,000) miles at the time of such return. If you are unable to return to our factory any part or parts which appear to be defective, you must contact Columbia and receive our prior approval before we will be responsible for any labor or materials expended in connection with the repair of any of our parts claimed to be defective. Any bills for any work done by persons other than Columbia will be subject to the following conditions: (1) we will not accept warranty bills under any circumstances that have not received our prior authorization; (2) we are to supply all warranty parts unless agreed otherwise; (3) all invoices covering warranty parts and/or labor that we consider excessive will be paid on the basis of our cost of such parts and/or our labor as if the work had been done at our factory; (4) no warranty on parts will be paid for until the faulty parts have been returned prepaid, for our inspection; and (5) all invoices submitted, requesting warranty, must show the number of hours of labor and the rate of pay.
This Warranty shall not apply to any equipment which shall have been repaired or altered outside of our factory, in any way so as, in our judgment, to affect its stability or reliability, or which has been subject to misuse, negligence, or accident, nor to any equipment made by us which shall have been loaded beyond the factory rated load capacity.
We make no warranty whatever in respect to tires, tubes, brake drums and other ancillary equipment, or to component parts specified by the customer in place of our published standard or optional components. Additionally, we are unable to make any warranty with respect to tarps.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT FOR THE ABOVE WARRANTY, COLUMBIA MAKES NO EXPRESS WARRANTIES AND HEREBY EXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, OR USAGE OF TRADE. IN NO EVENT WILL COLUMBIA BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS, LOSS OF USE, DAMAGES TO VEHICLE, ATTACHMENTS, TRUCKS OR CARGO, OR OTHER PROPERTY, OR TOWING EXPENSES. ON ANY CLAIM FOR BREACH, COLUMBIA SHALL FIRST BE GIVEN A REASONABLE PERIOD OF TIME TO ATTEMPT REPAIR. YOU AGREE THAT COLUMBIA'S LIABILITY PURSUANT TO ITS EXPRESS WARRANTY SHALL BE ITS EXCLUSIVE LIABILITY IN CONNECTION WITH THIS SALES AGREEMENT OR THE QUALITY, PERFORMANCE, OR USE OF ANY GOODS SOLD AND THAT COLUMBIA SHALL NOT BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY OR ECONOMIC LOSS OR OTHER DAMAGES OF ANY SORT, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE.
OTHER TERMS
Entire Agreement/Conflicting Terms. This agreement is the entire agreement between the parties, and this agreement is expressly limited to the terms hereof. Any conflicting or additional terms in any purchase order or other purchaser form shall not be binding upon Columbia and are expressly deemed rejected. This Agreement may be modified only by a written agreement signed by both parties.
Delivery/Payment. Unless otherwise set forth on the face of this agreement, all deliveries are f.o.b. Columbia's place of business and payment terms are net thirty (30) days from date of shipment. If deliveries are authorized in installments, each shipment shall be paid for when due, without regard to other scheduled deliveries. Amounts not paid when due will bear a late payment charge of 1 1/2% per month or the maximum legal rate, whichever is less.
Security Interest. To secure all amounts now or hereafter due to Columbia from you, you grant Columbia a purchase money security interest in all goods sold by Columbia to Purchaser, and in any proceeds thereof, and upon request by Columbia, you agree to execute any financing statement or other instrument necessary or desirable to perfect such security interest. Columbia may file a copy of this agreement as a financing statement.
Inspection. You agree to promptly inspect the goods upon receipt and notify Columbia of any nonconformity within ten (10) days following receipt by you. In the event you do not act within the time limit, you agree that you shall be conclusively presumed to have accepted the products and to have waived any defect or nonconformity discoverable upon inspection.
Delays/Force Majeure. Columbia shall not be responsible for delays in delivery or failure to deliver due to causes beyond its control, including but not limited to acts of God, war, civil disturbance, governmental regulations or orders, strikes or other labor difficulties, shortages of materials, or inability to obtain transportation.
Time Limit on Commencing Legal Action. It is agreed that you have one year from the accrual of a cause of action to commence any action against Columbia. However, it is understood and agreed that this one year period does not limit the normal statutory time period applicable to Columbia's right to commence an action against you for non payment of any amounts due for the sale of the equipment. This additional period allows you and Columbia more time to attempt to work out alternative methods of your payment of any past due balances.
Arbitration. Any dispute between the parties will be settled by arbitration in Portland, Oregon, pursuant to the Commercial Arbitration Rules of the American Arbitration Association and judgment upon any arbitration award may be entered in any court of competent jurisdiction. You consent to jurisdiction in state or federal courts in Oregon. This agreement to arbitrate shall not prevent either party from applying to a court for a temporary restraining order, preliminary injunction, or other equitable relief to prevent irreparable harm. This agreement to arbitration shall not apply to any action by Columbia to recover all or any portion of the purchase price. The prevailing party in any arbitration or litigation will be entitled to recover all reasonable expenses, including attorneys' fees in connection with the proceedings or any appeals.
Choice of Law. Rights and liabilities of the parties shall be governed in all respects by the laws of the state of Oregon.
Restocking Charge. A restocking charge may apply on returned items.
